This User Agreement ("Agreement") defines the terms under which Intermaxx Hosting provides a user account. This Agreement is a binding
contract between Intermaxx Hosting ("Intermaxx Hosting ") and the individual or company ("User") defined when creating a user
account on the order form.
BY COMPLETING THE FORM TO CREATE A USER ACCOUNT, USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY
("AUP") AND ALL AGREEMENTS, RULES AND POLICIES INCORPORATED HEREIN OR INCORPORATED BY REFERENCE. Intermaxx Hosting RESERVES THE RIGHT TO REVISE THIS
AGREEMENT AT ANY TIME. USER'S CONTINUED USE OF SERVICE CONSTITUTES CONTINUED ACCEPTANCE OF THIS AGREEMENT.
For the management of services provided by Intermaxx Hosting , a user account is used. A stand-alone user account can be created or a
user account will be created as part of the process when ordering service.
2. Contact Information
User acknowledges that the contact information supplied when creating a user account or when modifying the contact information in the
Account Manager will be the only information used by Intermaxx Hosting to communicate with User. User agrees to immediately validate and
update the contact information for the user account when necessary or upon notification from Intermaxx Hosting to do so. User acknowledges that
willfully providing false contact information may result in the suspension of the user account and some or all of the services associated
with the user account.
User agrees that Intermaxx Hosting is not responsible and will not be liable for disruption to any service as a result of User not able to
receive notices of any kind because of invalid or out-of-date contact information.
A user account has an associated username and password. The username and password is used to gain access to tools necessary to manage
services attached to the user account. Absolutely NO access will be provided without the user account's username and password.
Intermaxx Hosting is not responsible and will not be liable for unauthorized cancellations, modifications, or purchases made with the
proper username and password combination. User acknowledges that the username and password should be guarded and not disseminated
In the event that User can not remember the username and password combination, Intermaxx Hosting will provide the information provided
the User can receive an email to the email address provided in the user account contact information, can validate an active
credit card on the user account or provide details about a recent check or PayPal payment, or can provide proof of identity for the
individual or company provided in the user account contact information. Intermaxx Hosting will not provide the username and password under
any other circumstances, no exceptions.
4. Linked Services and Accounts
A user account can have a combination of accounts and services associated with it. When new service is ordered, the user account
supplied on the order form is the user account to which the new service is associated. Existing accounts and services can be moved
among user accounts provided the username and password of the user account to which the account or service is currently attached is
User acknowledges that the user account to which accounts and services is associated is the user account used to manage those accounts and
services. User acknowledges that with the username and password of the user account, any account or service attached to the user account
can be canceled or modified. Intermaxx Hosting is not responsible and will not be liable for unauthorized changes made to accounts or services
attached to a user account made with the proper username and password combination.
Intermaxx Hosting will send notices concerning accounts and services attached to a user account via email to the email address provided with
the user contact information. User agrees that notice to this address via email is sufficient for all notifications for all accounts and
services. User agrees that Intermaxx Hosting is not responsible and will not be liable for any outcome related to a notice not being received.
Intermaxx Hosting will periodically send email messages to the email address provided with the user contact information containing promotions,
specials or reminders about services offered. User acknowledges that the periodic messages contain information pertaining to an account or
service User has with Intermaxx Hosting . Intermaxx Hosting will provide the User the option to opt-out of receiving promotional email messages only.
Messages sent to User pertaining to an account or service already provided are not promotional and no option to opt-out of receiving them
will be allowed.
Intermaxx Hosting respects the privacy of every user. Intermaxx Hosting will never disclose contact information of user accounts to any third parties
other than the disclosure required for public contact information on domain name registrations if the contact information on a domain name is
the same as that on the user account. Intermaxx Hosting will never willfully sell, lease, or rent any personal information about user to any third
party without permission.
User acknowledges that Intermaxx Hosting will disclose any information requested by subpoena or court order. User acknowledges that Intermaxx Hosting
will fully cooperate with and will disclose any information requested pursuant to criminal or civil investigation by any Federal government
or law enforcement agency.
7. Governing Law
User acknowledges that all agreements shall be governed by and construed in accordance with the laws of the State of California. User agrees
that any dispute under any agreement may only be brought in a court in Los Angeles County, California. Any provision of this Agreement which
is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof.
User agrees to indemnify, defend and hold harmless Intermaxx Hosting and its parent, subsidiary and affiliated companies, and each of their respective
officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and
against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses
including, but not limited to, reasonable attorney's fees threatened, asserted, or filed by a third party against any of the indemnified parties
arising out of or relating to User's use of Intermaxx Hosting services, any violation by User of the AUP, any violation by User of the Web Hosting
Service agreement, if applicable, any breach of any representation, warranty or covenant of User contained in this Agreement or any acts or
omissions of User. The terms of this section shall survive any termination of this Agreement.